In an attempt to contribute to the process of nation building in East
Timor, Yayasan HAK has conducted various programs in relation to the
election and the constitutional process. Through the Committee of a Free
and Fair Elections (Komite untuk Pemilu yang Jujur dan Bebas--KOMPAS)
formed with the involvement of all Yayasan HAK human rights partners in
the districts, 182 electoral observers were deployed throughout the entire
electoral process to witness and record issues of concern, and provide
feedback for further improvement. During the political campaigning
process, Yayasan HAK approached various political parties with issues of
concerns regarding the conduct of political campaigning, and has engaged
in positive dialogues in addressing those issues.

The primary purpose of this election is electing a Constituent Assembly
to prepare the first Constitution for an independent and democratic East
Timor. This election might also serve as a framework for future elections
in East Timor. In short, this is not an ordinary election, and as such
ordinary standards cannot be applied to determine whether the election can
be regarded as a successful one.

Voter turnout

Much emphasis is being placed on the provisional figure of the 91%
voter turnout. However this figure must be compared to the figure of 98.6%
voter turnout in the 1999 Popular Consultation. In extremely difficult
circumstances the East Timorese people demonstrated their will and
understanding of the act of voting and its accompanying mechanisms. In
2001, in peaceful and secure environment, with the presence of heavily
funded electoral education campaign, the voter turnout stands lower at
91%. Therefore the figure of 91% should not be read as evidence of a
successful election, but evidence of the desire of the East Timorese
people to have a voice in their future.

Moreover, as this is an election of a body to prepare and adopt East
Timor's first Constitution, the voter turnout figure must not be viewed as
a complete expression of this desire. The lead up to this election for
Constituent Assembly was notably characterized by the lack of
Constitutional debate, both during the civic education campaign and the
campaign of the political parties. The votes cast will reflect the choices
of political parties or person to represent the electorate in the
Constituent Assembly. However, they cannot be viewed as the voice of the
people in the formation and adoption of the Constitution.

Democracy beyond the act of voting

For hundreds of years, the East Timorese people have been excluded from
democratic governance and control of their own affairs. This cannot simply
be reversed by people exercising their rights to vote. Avenues for
participation and an ability to have active input in the decision-making
processes are vital to ensure that the East Timorese people have a voice
in governance which they have been denied for so long.

This election has been portrayed as a model for democratic transition
by UNTAET. Although the election in itself has been largely successful, we
must recognize its limitations and shortcomings. Organizational
inconsistencies prevented even those who were registered from voting, most
notably electoral observers. Other problems resulted from lack of
sensitivity for those with special needs, particularly disabled persons.
Deficiencies in UNTAET sponsored electoral education process were revealed
through many voters lack of understanding of the voting procedures and
general understanding of the purpose of the election.

This election is a step towards democracy, but is a small step in a
long process to a successful transition to democracy.

As the result of this election, the Constituent Assembly will be
responsible for the next steps in the transition to democracy in the whole
process of nation building. Amongst the many tasks that the Constituent
Assembly is entrusted to carry out, one should certainly be to look
electoral process and its shortcomings, and put forward a system which
best serves East Timor.

As previously highlighted, this is an extraordinary election conducted
for the purpose of writing and adopting the Constitution for East Timor.
Even in the case of an ordinary election, the role of a candidate on
election entails a great responsibility to ensure that they continue to
reflect the will of the people and provide a space for the electorate to
directly voice their concerns in decisions that affect their lives.
However, in light of the importance of the tasks of the Constituent
Assembly members to adopt a Constitution which will endure far beyond
their term of office and even the lives of their electorates, the burden
on them to reflect the aspiration of the people is even greater. An
information campaign, especially on the substance of the Constitutional
debates is crucial to ensure informed contributions by the people in the
constitutional process.

As a fundamental principle of democratic conduct, and noting the
limitations of this electoral process, it is imperative that the
Constituent Assembly provides further opportunity to connect people with
the decision-making process, rather than attempt to encompass the
aspiration of their diverse electorate.

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